NR 50.19(9)(c)(c) Nonpoint source projects to improve surface water quality and surface water flow are subject to the requirements of ss. NR 120.14 and 120.15.

NR 50.21(1)(1) Purpose. The purpose of this section is to establish standards for the administration of the Symms national recreational trails fund act of 1991, 16 USC 1261, 1262 and 26 USC 9503 (6), 9511.

NR 50.21(2)(2) Applicability. The provisions of this section are applicable to all towns, villages, cities, counties, tribal governing bodies, school districts, state agencies, federal agencies and incorporated organizations participating in the national recreational trails program.

NR 50.21(3)(a)(a) “Applicant” means a town, village, city, county, elected governing body of an Indian tribe, school district, state agency, federal agency or incorporated organization applying for a grant.

NR 50.21(3)(b)(b) “Incorporated organization” means an organization incorporated pursuant to s. 181.0202, Stats., whose primary purpose is promoting, encouraging or engaging in outdoor recreational trail activities.

NR 50.21(3)(c)(c) “National recreational trails program” means the program created under 16 USC 1261, 1262 and 26 USC 9503 (6) and 9511 with funds appropriated under s. 20.370 (5) (cy) and (7) (fy), Stats.

NR 50.21(3)(d)(d) “Recreational trail” means a thoroughfare or track across land or snow used for recreational purposes such as bicycling, cross country skiing, day hiking, equestrian activities, jogging or similar fitness activities, trail biking, overnight and long distance backpacking, snowmobiling, aquatic or water activity, and vehicular travel by motorcycle, 4-wheel drive or all-terrain off-road vehicles.

NR 50.21(3)(e)(e) “Sponsor” means a town, village, city, county, tribal government, school district, state agency, federal agency or incorporated organization receiving assistance.

NR 50.21(4)(a)(a) National recreational trails program funds allocated to Wisconsin each fiscal year shall be divided as follows:

NR 50.21(4)(a)1.1. An amount not exceeding 7 percent of the amount received by the state to the department for the costs of administering the national recreational trails program.

NR 50.21(4)(a)2.2. An amount not to exceed 5 percent of the amount received by the state to the department for the operation of environmental protection and education programs relating to the use of recreational trails.

NR 50.21(4)(a)3.3. After the reductions of subds. 1. and 2., the amount received by the state shall be allocated by the department in the following manner:

NR 50.21(4)(a)3.a.a. At least 30 percent shall be reserved for uses relating to motorized trail recreation. Of this amount, 80 percent shall be used for grants to applicants under sub. (3) (c) and 20 percent shall be used by the department for trail purposes. Funds not encumbered before the first day of the 4th quarter of the state fiscal year may be used for either grants or used by the department for motorized trail purposes.

NR 50.21(4)(a)3.b.b. At least 30 percent shall be reserved for uses relating to non-motorized trail recreation. Of this amount, 80 percent shall be used for grants to applicants under sub. (3) (c) and 20 percent shall be used by the department for trail purposes. Funds not encumbered before the first day of the 4th quarter of the state fiscal year may be used for either grants or used by the department for non-motorized trail purposes.

NR 50.21(4)(a)3.c.c. Not less than 40 percent for uses that provide for the greatest number of compatible recreational trail uses or that provide for innovative recreational trail corridor sharing to accommodate motorized and non-motorized recreational trail use. Of this amount, 50 percent shall be used for grants to applicants under sub. (3) (c) and 50 percent shall be used by the department for trail purposes. Funds not encumbered before the first day of the 4th quarter of the state fiscal year may be used for either grants or used by the department for diversified trail purposes.

NR 50.21(4)(b)(b) Funds allocated to the state but not encumbered in projects shall remain allocated to the state during subsequent state fiscal years. These funds shall remain allocated under the respective motorized, non-motorized and diversified categories.

NR 50.21(5)(a)(a) Eligible applicants may receive a state grant for up to 100 percent of the total project costs of a recreational trail project.

NR 50.21(5)(b)(b) Any use of national recreational trail program funds for trails on private lands shall be accompanied by a written easement or other legally binding agreement that ensures public access to the trail improvements.

NR 50.21(5)(c)(c) When a corridor to be developed is obtained through an easement or subject to other legally binding agreement, the degree of control over the corridor by the sponsor and the period of time that the written easement or legally binding agreement continues shall be factors in determining the amount of national recreational trails program funds to be granted to the project.

NR 50.21(5)(d)(d) National recreational trails program funds are to be used on trails and trail related projects which have been identified in or which further a specific goal of a trail plan included or referenced in a statewide comprehensive outdoor recreation plan required by LAWCON.

NR 50.21(5)(e)(e) Cost overruns beyond the original grant award may be allowed for good cause. Awarding of cost overruns shall be contingent upon funds available and review by department staff.

NR 50.21(5)(f)(f) Acquisition of real property shall be in accordance with state and federal guidelines for preparation of appraisals and relocation assistance.